What to do if your child has been injured at daycare

April 19, 2022

Every parent wants to feel that they have placed their child in the perfect daycare where they are cared for with as much love and attention as they would receive at home. However, there are still rare but unfortunate circumstances where children can get injured at daycare.

If you have wondered what to do if your child is injured at daycare by another child or through the negligence of the daycare, then we can help with next steps.

Signs your child may have been injured at daycare

In the typical course of child-play, minor lumps, bruises and cuts are normal but things can start to feel a little more serious if:

  • You have noticed signs that your child is unusually reluctant to go to daycare
  • Staff seem unempathetic to your concerns
  • Your child exhibits evidence of injury, like suspicious marks or swelling
  • Other parents have noticed frequent accidents in the daycare as well

Of course, when injuries are serious, then you must take steps to investigate further.

Tip: An injured child almost always makes for an emotional parent, but don’t begin making accusations before speaking to a lawyer. If the daycare feels threatened, it may stop cooperating with you.

Steps to take if your child has been injured at daycare

Here’s what you should consider if you see signs that your child has been injured at daycare:

  1. Take your child to see a physician without delay
  2. Gather more information about the incident by speaking with daycare staff and other parents
  3. Be inquisitive, but not accusatory toward the daycare
  4. Share your findings with a personal injury lawyer if you feel the daycare’s been negligent
Having The Right Legal Team Makes All The Difference 
Hear how Lucie overcame struggles to get her children the care they needed for their traumatic injuries.

Daycare negligence: Daycares have a duty of care towards their wards

Daycare providers are expected to uphold certain standards in protecting children under their care, supervision, or guidance from harm. When a daycare fails to uphold that duty, children may get injured or sick as a result.

Some reasons why a daycare may fail to live up to its duty of care may involve:

  • Understaffing
  • Untrained staff
  • Omissions in the daycare incident report policy
  • Inadequate safety gear
  • Unsafe equipment
  • Overcrowding

If any of these are a factor in your child’s injuries, you may have a valid claim against the daycare.

What you need to prove in daycare injury claims

There are three main areas of proof required in a personal injury claim for your child’s injury resulting from an act of negligence.

  • The contractual agreement and payment receipts you entered into with the daycare upon registering your child
  • Proof of the breach of the daycare’s duty of care toward your child. These may include:
    • A medical report documenting the child’s condition
    • notices or efforts made to inform staff of your concerns about unsafe equipment, understaffing, increased occurrences of cuts or bruises, etc.
    • an incident report of the circumstances of the event
  • Documented outcomes of the incident, such as a medical professional’s evaluations (physician, psychiatrist, therapist) and/or drug costs and prescriptions
Learn More 
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The new catastrophic impairment definition: Brain injury in children

Serious injuries need to be taken seriously

If your child has suffered serious injuries, you cannot ignore it. It’s time to get in touch with our personal injury lawyers immediately. Daycare negligence cases or daycare abuse settlements can help you to resolve the pain that both you and your child experienced as well as any future costs.

Get in touch with a lawyer
Book a free, no-obligation consultation with a Thomson Rogers lawyer immediately if your child has been injured at daycare.

We are sensitive to your concerns and our lawyers will help you navigate and explore all legal options to ensure that your child’s welfare, health and routine are preserved.

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